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04-22-1997 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 22, 1997 A regular meeting of the City Council of the City of Clermont was held Tuesday, April 22, 1997 in the' Council Chambers at the Police Department. The meeting was called to order at 7:30 p.m. by Mayor Pool with the following Council Members present: Council Member Dupee, Council Member Sargent, Council Member Norquist and Council Member Cole. Other City officials present were City Manager Saunders, Finance Director Van Zile, Planning Director Harker and Deputy City Clerk Whitlock. INVOCATION The Invocation was offered by Council Member Norquist followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The minutes of the Regular Council Meeting held April 8, 1997 were approved as presented. CITY MANAGER SAUNDERS' REPORT Workshop Council Members agreed to hold a Workshop on Tuesday, April 29 at 5:30 p.m. at the Council Chambers. COUNCIL MEMBER DUPEE'S REPORT Council Member Dupee reported that Lake County and a group of citizens are effecting a Visioning Process entitled Lake County Tomorrow. She encouraged citizens to attend one of 55 meetings in various locations in Lake County, with Jenkins Auditorium being the location of the May 14 meeting from 7:00 to 9:00 p.m. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 22, 1997 Page 2 VISITORS WITH BUSINESS DBM Consultants - Resolution 948 Mayor Pool stated he moved this item up to the first because of the large number of people in attendance for the public hearing. City Manager Saunders stated that the request is for a Conditional Use Permit to allow the construction and operation of a marina on parts of lots 1-7, Johnson replat, which is the location of the old City maintenance facility behind the Clermont Builders Supply on the shore of Lake Minneola and a variance request to allow a maximum height of 39' where 35' is allowed. The Planning and Zoning Commission tabled this request at their last meeting requesting additional information. He recommended that the City Council also table this request until the May 13 City Council meeting which will give the Planning and Zoning Commission an opportunity to provide a recommendation to the Council. 97-068 A motion was made by Council Member Cole, seconded bY Council Member Dupee, and carried unanimously with Council Member Norquist abstaining to table Resolution No. 948 to the May_ 13, 1997 Council Meeting. UNFINISHED BUSINESS Final Reading of Ordinance 324-M Mayor Pool stated he moved this item up to the first because of the large number of people in attendance for the public hearing. City Manager Saunders stated that this ordinance will rezone the City-owned property on Lake Minneola from R-3 residential-professional and C-1 light commercial to CBD Central Business District. He stated that the Planning and Zoning Commission tabled this request at their last meeting requesting additional information and he recommended that the City Council also table this request until the May 13 City Council meeting which will give the Planning and Zoning Commission an opportunity to provide a recommendation to the Council. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 22, 1997 Page 3 97-069 A motion was made by Council Member Sargent, seconded by Council Member Cole, and carried unanimously with Council Member Norquist abstaining to table the final reading or Ordinance 324-M to the May_ 13, 1997 Council Meeting. VISITORS WITH BUSINESS South Lake YMCA City Manager Saunders stated that the YMCA has requested the use of the Highlander Hut for their summer day camp program. They request use of the building from May 30 to August 13 at a reduced rate of $20 per day. The normal rental rate for a non- profit organization for an 8-hour day would be $40. Mary Jamerson, Executive Director of the YMCA stated the Highlander Hut is a great place for a summer program and commented about how beautiful the Waterfront Park is. 97-070 A motion was made by Council Member Cole, seconded by Council Member Dupee, and carried unanimously to approve the use of the Highlander Hut for $20 per day_ to the YMCA from May 30 to August 13, 1997. MarceHa Becker - Resolution 946 City Manager Saunders stated that the applicant is requesting a Conditional Use Permit to amend an existing Conditional Use Permit for 806 W. Minneola Avenue. This is the location of Becker Funeral Home which is located in the Central Business District. Mayor Pool read Resolution//946 by title only and stated that the request requires that a Quasi-Judicial hearing be held and that anyone wishing to speak in favor of or in opposition to the request must be sworn in. Deputy City Clerk Whitlock swore in Marcella Becker, 12128 S. Lake Shore Drive, Clermont. Marcella Becker stated she wants permission to sell silk flowers in the back of the funeral home which has a separate entrance. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 22, 1997 Page 4 City Manager Saunders stated the amended Conditional Use Permit will allow retail sales of silk flowers in addition to the funeral home. The zoning and the future land use classifications are consistent with the request. Adequate parking is available for the use. The Planning and Zoning Commission and staff recommend approval of the request as provided in Resolution 946. 97-071 A motion was made by Council Member Dupee, seconded by Council Member Sargent, and carried unanimously by roll call vote to adopt Resolution No. 946. Florida Power - Variance Request City Manager Saunders stated that Florida Power Corporation is requesting a variance request to locate a 150' pole 8' 10" from the property line whereas 25' is required for any structure. A variance request for the height of this pole and the setback was approved by the Council on December 14, 1996, however, construction drawings were misread and the foundation was placed with an 8'10" setback rather than 13' setback. Mayor Pool stated that the request requires that a Quasi-Judicial hearing be held and that anyone wishing to speak in favor of or in opposition to the request must be sworn in. Deputy City Clerk Whitlock swore in the following: Victoria Bucher Waldemar Herda Howard Barry Anita Skinner Ray Gilley 2600 Lake Lucien Drive, Maitland, FL 1109 E. Hampton Street, Clermont, FL 439 Carrol Street, Clermont, FL 1135 Hampton Street, Clermont, FL 16740 Kamlin Court, Clermont, FL Victoria Bucher and Ray Gilley representing Florida Power stated that the plans were misread in the field and the foundation was poured 41/2' closer than the variance allowed. It would be very expensive to remove the foundation at this point because it is 25' deep. The new pole will be farther from the right-of-way than the existing pole. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 22, 1997 Page 5 Mr. Herda stated he was against granting the variance request. He stated they have already poured the foundation and made the mistake. He wanted the pole moved down to Highway 50 and not located in a residential area. Anita Skinner stated that during a storm the lightening is astronomical with the attraction of the metal towers. She stated many other communities are against these towers and she doesn't want to look out the back window and look at them. Howard Berry stated he was speaking under protest because the State did not legally require speakers to swear in fin'st. He suggested that this type of structure be screened some way such as greenery and felt the substation on Highway 50 was an eye-sore. Mr. Herda stated this tower was rejected by the First Baptist Church in Minneola and asked why it was put in his neighborhood. He asked that the variance be rejected. Ray Gilley stated that Florida Power will buy trees and landscaping for appropriate locations on the neighboring properties. Victoria Bucher stated that sub-stations have lightning masts and homes in the area are actually safer because of the masts. She stated the tower was permitted at 150' height, but it will be approximately 140' with triple carriers. City Manager Saunders stated that the Council has granted a variance for the tower previously and a permit has been issued to install the tower 4'2" from where they located the foundation. If the present variance is denied, they will be required to move the foundation 4'2", however, they have already received a variance to install the tower. Based on the fact that the Council has already approved a variance, he recommended approval of the additional 4'2" needed because of the foundation error. The pole is located within the substation area and will be set back further than the existing pole. Mayor Pool closed the public hearing. 97-07~. A motion was made by Council Member Cole, seconded by Council Member Norquist, and carried unanimously to approve the 8'10" setback variance to Florida Power for the tower. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 22, 1997 Page 6 Dick Langley, Timberwolf Plaza - Interpretation Request City Manager Saunders stated that the Council is requested to interpret the sign ordinance in regard to the Timberwolf Plaza office building located at the intersection of Highway 50 and Disston Avenue. Our sign ordinance allows for one free-standing ground sign for each street frontage. Two signs have been installed--one located on the Highway 50 frontage and one close to the intersection of Disston and Highway 50 which would be considered as the sign for the Disston Street frontage. The applicant is requesting an additional sign to be located on Disston Avenue at the entrance. This would in effect be considered two signs on Disston Avenue. The applicant is arguing that a Highland Avenue frontage sign is allowed and since our Code does not stipulate how far back from a street frontage that a sign can be placed, he should be able to place this sign anywhere on this site. The Planning Department reviewed the request and requested City Attorney Baird to review the Ordinance. City Attorney Baird reviewed the request and determined that the permit for this location should be denied. Richard Langley sated he represented Mr. Wolfe, owner of Timberwolf Plaza. He sated the ordinance allows a business one sign for each street front. Timberwolf Plaza is located on Highway 50, Disston Avenue and Highland. He stated they are requesting a 3rd sign situated east/west which will be read from Highland Avenue. The ordinance restricts signs from being placed less than 12.5' from the right of way but does not sate the maximum distance from the street. City Manager Saunders referred to a site plan and stated the ordinance does not address a maximum setback, only a minimum setback. It is clear that the intent of the ordinance regarding street frontage signs is to allow a sign that would be visible for the traffic on the street for which the sign is allowed, and should not be set back any further than the building setback, otherwise, it would be obscured. Richard Langley sated the purpose of the sign ordinance is to limit the size or number of the signs and they are complying with that. He stated the proposed sign can be read from any direction from Highland Avenue when you reach the intersection. An alternative would be to cut down a pretty tree. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 22, 1997 Page 7 Mayor Pool stated that the ordinance has a loop-hole and it needed to be revised. City Attorney Baird reviewed his written legal opinion as to the intent of the ordinance, which would not allow the third sign. City Manager Saunders stated the ordinance allows one sign per street frontage, and a deviation of this type would allow all three signs to be located on Highway 50. 97-073 A motion was made bY Council Member Dupee, seconded by Council Member Sargent, and carried three to two with Council Member Cole and Mayor Pool voting nay_ to uphold staff's decision o_f interpretation of the sign ordinance. UNFINISHED BUSINESS Ken Norquist - Resolution No. 927 City Manager Saunders stated that Mr. Norquist is requesting a Conditional Use Permit which will amend previous Conditional Use Permits that have been issued for his site located north and west of the intersection of West Avenue and Osceola Street. Mayor Pool read Resolution No. 927 by title only and stated that the request requires that a Quasi-Judicial hearing be held and that anyone wishing to speak in favor of or in opposition to the request must be sworn in. Council Member Norquist stated he had a conflict of interest and will abstain from voting on the matter. Deputy City Clerk swore in the following: Richard Langley Howard Barry Joseph Wright Ken Norquist Leslie Graham Don Harris Joe Washuta P.O. Box 120188, Clermont, FL 439 Carrol Street, Clermont, FL 1132 Lake Minneola Drive, Clermont, FL 53 Sunnyside Drive, Clermont, FL 16410 Lake Shore Drive, Clermont, FL 612 Grand Highway, Clermont, FL 847 W. Minneola Drive, Clermont, FL CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 22, 1997 Page 8 Ken Norquist stated he has owned the property at 490 West Avenue for over 12 years. He has had several prior Conditional Use Permits on the property as it has evolved with his enhancements. Richard Langley stated if this request was before the Council by any one else it would have been laughed out of the City Hall before it ever got this far. He asked if the City was bound by its own Future Land Use plans and referred to Map VII adopted as part of the Comprehensive Plan. Part of that map is in a conservation area and includes the entire lake front. He read several sections of the plan and stated this development is in direct violation of the Plan and also the Future Land Use element. He questioned whether the structures met building codes and he also questioned the ownership by Mr. Norquist stating the building is situated on the right-of-way of Osceola Street. Mr. Barry stated that no reference was made to heights at all. Leslie Graham questioned the business that is allowed on the lakes. He stated Clermont should incorporate a policy for doing business on the lakes because many citizens are concerned with what is allowed on the lakes. Joseph Wright asked if citizens in that area would be able to build a covered or open deck. Joe Washuta stated that Mr. Norquist has been doing a good job for the downtown and would like to see more people come into the area. City Manager Saunders stated the business is located in the Central Business District. The Conditional Use Permit is required because he is requesting combined uses which are allowable in this zone. No variances are being requested with the proposed uses. The project is planned to be phased with other requirements such as parking to be provided as each phase is completed. All required improvements shall be provided prior to the operation of any phased use. The conservation area mentioned includes only flood plain areas and he didn't believed this property is in a flood plain. He stated that Lake County issues all building permits and does all inspections of any structures. A building permit is not attainable if there is a problem with a site plan. City Manager Saunders stated that City Attorney Baird has done a review on the property and Mr. Norquist has title to this property. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 22, 1997 Page 9 Mayor Pool closed the public hearing. 97-074 A motion was made by Council Member Cole, seconded by Council Member Sargent, and carried unanimously by roll call vote with Council Member Norquist abstaining to adopt Resolution No. 92 7. NEW BUSINESS Easement Agreement City Manager Saunders stated that at the last meeting Richard Langley addressed the Council regarding the easement that provides access from 1 lth Street to the City- owned property and some private residences on Lake Minneola behind the Clermont Builders Supply. He stated they would block the easement area the following Monday because they believed the City no longer had legal right to the easement. In order to f'md some other way to resolve the problem, City Attorney Baird drafted the proposed agreement which states that the easement will remain open while the issue is reviewed. It is the City's position that the easement is still valid and is the only legal access to our property as well as to the homes that are located west of the City-owned property. Richard Langley stated they never cut off the resident's access and that they have other access, they cut off the City's access. He stated that any other business needs 60' access. He stated they agree with the agreement at this time. 97-075 A motion was made by Council Member Cole, seconded by Council Member Sargent, and carried unanimously with Council Member Norquist abstaining to approve the llth Street easement agreement. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 22, 1997 Page 10 Resolution No. 949 Mayor Pool read Resolution No. 949 by title only. City Manager Saunders stated that Resolution 949 will establish amended and new fees related to utilities. Currently our Non-sufficient funds fee is $10. This resolution will amend that fee to $20. This resolution also establishes a meter tampering fee of $50. On many occasions after water has been turned off or padlocked, meters will be tampered with, resulting in locks being cut off, and damage to curb stops. This will compensate for those repairs and hopefully be a deterrent. This resolution also establishes a late payment penalty fee of $5 for payments made after the 15th. 97-076 A motion was made by Council Member Sargent, seconded by Council Member Dupee, and carried unanimously by roll call vote to adopt Resolution No. 949. Introduction of Ordinance 325-M City Manager Saunders stated that this ordinance will introduce the closing of the southern-most 64' of Lakeview Drive and is for introduction only. This request is being made by the property owner who owns the property east, west, and south of this portion of Lakeview Drive. Mayor Pool read Ordinance 325-M by title only. 97-077 A motion was made by Council Member Cole, seconded by Council Member Norquist, and carried unanimously to introduce Ordinance 325-M. Bid Award - County Bid for Resurfacing City Streets City Manager Saunders stated that each year Lake County allows cities to join them in a combined bid for street resurfacing. By providing a larger job, the County and the cities involved are able to receive a better price for the work to be done. A list of streets was submitted to the County to be included in their combined bid. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 22, 1997 Page 11 Paquette Paving was .the low bidder and the bid for the City of Clermont's streets was $48,875 which includes Bloxam Avenue from Hook Street to Mirmehaha Avenue, all of Morning Drive, approximately 4,000' of Lake Shore Drive starting west of Hook Street, and Broome Street from Bloxam Avenue east. $40,000 was included in the budget and an additional $8,875 needs to be appropriated. City Manager Saunders recommended approval. 97-078 A motion was made bY Council Member Dupee, seconded by Council Member Cole, and carried unanimously to approve the low bid from Paquette Paving for the 1997 street repaying and appropriate an additional $48,875. Change Order #2 for Lift Station and gl0 for Gravity Line, Marion Dunn Co. City Manager Saunders stated that he is requesting approval of Change Order//2 for Lift Station E-6 and Force Main. This is the Marlon Dunn contract that required completion by the City due to bankruptcy of Marlon Dunn Co. This will be the final change order and close-out of this contract. The Change Order is a decrease of $18,057.71. City Manager Saunders also requested approval of Change Order//10 for the Gravity Line contract with Marlon Dunn. The final change order summary is enclosed which results in a decrease of $2,558.38. These two change orders will close out both Marlon Dunn contracts. 97-079 A motion was made by Council Member Cole, seconded by Council Member Dupee, and carried unanimously to approve Change Order//2 for Lift Station for a decrease of $18,057. 71 and ~~lO for GraviS_ Line for a decrease of $2,558.38 for Marlon Dunn Co. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING APRIL 22, 1997 Page 12 There being no further business or discussion, the meeting adjourned at 9:27 p.m. Robert A. Pool, Mayor ~ Attest: ~Clerk A FORM 8B ME I oRANDU'M* OF VOTI ' 'CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL' PUBLIC OFFICERS ST NAML--~IRST NAME--MIDDLE NAME ' ' NAME O1: BOARD, COUNCIL..COMMISSION, AUTHORITY, OR COMMITTEE orquist, Ken ' . ' Council Member, Clermont Citj/ Council MAILING ADDRESS CITY COUNTY DATE ON WHICH VOTE (~.'CURRED THE HOARD. COUNCIl., COMMISSION, AUTHORITY, OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: .'~TY ! ': COUNTY I ! OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: 'MY POSITION IS: :/~ELECTIVE .. APPOINTIVE WHO MUST FILE FORM 8B This form is for usc by any person serving al the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee, it applies equally to members of advisory and non-advisory bodies who arc presented with a voting conflict or' interest under Section 112.3143, Florida Statutes. Thc requirements of this law are mandatory; although the usc of this particular form is not required by law, you arc encouraged to usc it in making thc disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to thc instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN i$ DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording lhe minutes of the meeting, who should incorporate the form in thc minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by thc officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH FHE VOTE WILL BE TAKEN: · You should complete and file this form (before making, any attempt to influence the decision) with thc person responsible for recording the minutes of the meeting, who will incorporate the *form in the minutes. · A copy of the form should be provided immediately to thc other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. IF YOU MAKE NO ATTEMPT TO 1' . .... ,,.,, THE DECIS'ION EXCEPT BY SSION OR VOTE AT THE MEETING: · You'should disclose orally lhe nature of your conflict in the measure before participating. · You should complete the form and file it within 15 days after lhe vole occurs with the person responsible for recording the mi~ or the meeting, who should incorporate the form in the minutes. DISCLOSURE OF STATE OFFICER'S INTEREST 1, ?~.t? P 0 ~'"~' c~./'~"(-' , hereby disclose that on (a) A measure came or will come before my agency which' (check one) ~inured to my special private gain; or inured to the special gain of (b) The measure before my agency and Ihe nature of my interest in the measure is as follows: , by whom I am retained. Da~ Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRE[ DISCLOSURE CONSTITUTES GROUNDS FOR ANI~ MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWlNI IMPEACHMENT, REMOVAL OR SUSPEI~ISION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM I~B . If)-R6 FORM 8B MEI !ORANDUM'OF VOTII I 'CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL' PUBLIC OFFICERS LAST NAME--FIRST NAME--MIDDLE NAME uist, Ken ,IAILING ALIDR ESS CITY DATE ON WHICH VOTE (X'CURRED COUNTY NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY. OR COMMI'FrEE Council Member ~ Clermont Cit¥ Council TItI~ IIOARI), COUNCIl,, COMMISSION, AUTHORITY, OR COMMI'ITEE ON WHICH I SERVE IS A UNIT OF: : '- '-~CITY I; COUNTY i i OTHER L~CAL AGENCY NAME OF POLII:ICAL SUBDIVISION: 'Mi POSITION IS: : '~CTIVE .. APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the countY, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee, it applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with' a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inurt's to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: ~You should complete and file this form (before making, any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the 'form in the minutes. · A copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. IF YOU MAKE NO.A"i-rEMPT TO l' . .... . .. ENi~E ThE DEC, IS'ION EXCEPT BY Di~I~ussION OR VOTE AT THE MEETING: · You'should disclose orally the nature of your conflict in the measure before participating, · You should complete the form and file it within 1;5 days after the vote occurs with the person responsible for recording the rain of the meeting, who should incorporate the form in the minutes, DISCLOSURE OF STATE OFFICER'S INTEREST (a) A measure came or will come before my agency which' (check one) '. ~inured to my special private gain; or inured to the special gain of (b) The measure before my agency and the nature of my interest in the measure is as follows: , by whom I am retained. Dat~/Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRE..I~ DISCLOSURE CONSTITUTES GROUNDS FOR ANI~ MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPE/~SION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 8B . Ifl.86 FORM 8B ME ORANDUM' OF VOTiI I , 'CONFLICT FOR COUNTY, MUNICIPAL, AND' OTHER LOCAL' *PUBLIC OFFICERS LAST NAME--FIRST NAME--MIDDLE NAME ~orquist, Ken MAILINL~ ADDRESS CITY COUNTY VOTE (X'CUR RED / n~me OF hoarD. COUNC.IL, COMMISSION, AUTHORITY. OR COMMITT££ Clermont. City Council Member THE BOARD, COUNCIl., COMMISSION, AUTHORITY, OR COMMI'n'EE ON WHICH'I SERVE IS A UNIT OF: ..' ;/~TY [; COUN'FY I ~ OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: 'MY POSITION IS: : .t~ELECTIVI: APPOIN'EIVE WHO MUST FILE FORM 8B This form is for use by qny person serving al the county, city, or other local level of governmenl on an appointed or elected board, council, commission, authority, or committee. II applies equally to members of advisory and non-advisory bodies who are presented with a voting conflicl of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with' a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close atlention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measur~ on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction.' IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You should complete and file this form (before making any attempt to influence the decision} with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. 1F YOU MA~E NO A~FEMPT TO 1' DECISION EXCEPT BY VOTE AT THE MEETING:' · You'should disclose orally the nature of your conflict in the measure before parlicipating. · You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the mtn of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF STATE OFFICER'S INTEREST 1, ~?-~/'~ ~ © K'e ~( /"--~ ''~ , hereby disclose that on (a) A measure came or will come before my agency which' (check one) -~inured to my special private gain; or inured to the special gain of (b) The measure before my agency and the nature of my interest in the measure is as follows: , by whom I am retained. Date Fi'fed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §i12.317 (1985), A FAILURE TO MAKE ANY REQUIREI~ DISCLOSURE CONSTITUTES GROUNDS FOR ANl~ MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING~ IMPEACHMENT, REMOVAL OR SUSPEI~SION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM RB · ltl. R6 FORM 6B MF., ORANDUM' OF VOTI p'CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOC'AL 'PUBLIC OFFICERS LAST NAME--FIRST NAME--MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMI'~rEE Norquist, Ken " ' Clermont. City Council Member IAILIN(.; ADDrESs CITY COUNTY DATE ON WHICH VOTE OCCURRED 7 / / THE BOARD, COUNCIl., COMMISSION, AUTHORITY, OR COMMITTEE ON H I SERVE IS A UNIT OF: Y ! ' COUNTY i i OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: MY POSITION IS: '/C'TIVE~ :. APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving al the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee, it applies equally lo members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. ~ELECTED INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STAYUTt$ OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. I ll~l,l\l nH III.Nfl PAL;j-] IF YOU MAKE NO ATYEMPT TO INFLUENC'E THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING: · You'should disclose orally the nature of your conflict in the measure before participating. · You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF STATE OFFICER'S INTEREST (a) A measure came or will come before my agency which' (check one) ~ inured to my special private gain; or inured to the special gain of , by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: Date Filed / Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §il2.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION 1N SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. -E FORM gB - III.R6 ..... .